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FL · jury_instructions

Fla. Std. Jury Instr. (Crim.) 11.13

VOYEURISM

activein force · 2026-07-29 – presentact-effective-date

§ 810.14, Fla. Stat.

To prove the crime of Voyeurism, the State must prove the following [three] [four] elements beyond a reasonable doubt:

Give if § 810.14(1)(a), Fla. Stat. is charged.

1. (Defendant) secretly observed (victim).

2. (Defendant’s) observation was done with a lewd, lascivious, or indecent intent.

3. When (victim) was observed, (victim) was in a [dwelling] [structure] [conveyance] in which [he] [she] had a reasonable expectation of privacy.

Give if § 810.14(1)(b), Fla. Stat. is charged.

1. (Defendant) secretly observed any portion of (victim’s) body or undergarments that were covered by clothing and were intended to be protected from public view.

2. (Defendant’s) observation was done with a lewd, lascivious, or indecent intent.

3. At the time, (victim) was located in a public or private [dwelling] [structure] [conveyance].

4. (Victim) had a reasonable expectation of privacy in the portion of [his] [her] body or undergarments observed by (defendant).

The words lewd, lascivious, and indecent mean the same thing: a wicked, lustful, unchaste, licentious, or sensual intent on the part of the person doing the act.

Definitions. Give as applicable. Jacobs v. State, 41 So. 3d 1004 (Fla. 1st DCA 2010).

“Dwelling” means a building [or conveyance] of any kind, including any attached porch [or attached garage], whether such building [or conveyance] is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the enclosed space of ground and outbuildings immediately surrounding it. The enclosure need not be continuous and may have an opening for entering and exiting.

Jacobs v. State, 41 So. 3d 1004 (Fla. 1st DCA 2010).

“Structure” means any kind of building, either temporary or permanent, that has a roof over it, together with the enclosed space of ground and outbuildings immediately surrounding it. The enclosure need not be continuous and may have an opening for entering and exiting.

“Conveyance” means any motor vehicle, ship, vessel, railroad car, trailer, aircraft or sleeping car.

Lesser Included Offenses

VOYEURISM — 810.14

CATEGORY ONE

CATEGORY TWO

FLA. STAT.

INS. NO.

None

Attempt

777.04(1)

5.1

Provenance

Source
floridabar.org
Retrieved
2026-08-18
Edition
2026-08-18
Content hash
4d3d99a3eaa9f23d9214da2f0f6cbfc8318dc374a5842acfc2d8bf2802e95f71
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